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In June I was sacked on the spot by my manager, this sacking took place verbally 20 days after I had a very positive review of my job, again this was just verbal so there is no proof of this except for an email I sent to a friend. My other colleague had his review after me.
At the time of the sacking my manager just arrogantly as always decided with a big mouth to say you are being dismissed, another manager was present.
In my view she really had no reasons for sacking me like that, she didn't say you are being sacked for reasons....I knew there were some accountancy issues which she was trying to blame on me.
The week before this I have spoken to the other manager and explained that I was stress for the attitude and shouting I was getting from my manager. I was stressed and I could not take it any longer and I wanted out and was hopping they could give me some money to leave and helped me until I got another job.
His advice was go away for the weekend and think about it, get back on the next week and let him know but he was obviously on the side of my boss. He said she shouted at everybody not just me.
When I come back to work, I had to immediately do some work they have asked me to do and I didn't speak to him immediately. Soon after I was call to a meeting and we went through papers and so on and they asked me to come back the following day with some missing papers that I could not get on time. I was late to pick up my son and as I was about to leave my manager said actually I have no time for this and as from today you are being dismissed our contract says I have to give you one moth notice, come back and clear up this mess.
As I got up and I was shaking and in shock and stress, I said that if she was planing to sack me she should have done this in the correct manner and given me notice. I could see her rage and how dare you! in her face and asked if I had legal advice, I said no. The other manager said ok go a find your legal advice.
The following day I was very sick and I could not go back to work, I went to the doctors and they gave me a sick note for one month I am still on sick leave. I knew I had to go back and complete the contract agreement but I could not face to see or hear my manger again.
I contacted ACAS and they advice me to get the sacking in writing but when I did a few days later, the manager replied with the sweetest letter ever, saying that they were very sorry to hear of my stress and that they never sacked me but they could understand that thinking I was sacked could have caused me a lot of stress, that they had a care of duty to me and they wanted to discuss the reasons for my stress.
ACAS said I had to go to the meeting and I went, the meeting was suppose to be a friendly meeting and between the two managers. When I went there, the was a HR man in the meeting and said he was going to take notes. I din't know what to expect but I asked for his ID which he said he didn't have. I was asked about the reasons for stress and I said I was stress due to the treatment I have been receiving by my boss, the shouting, the abuse, my manager speaking to me like as if I am an untouchable (she is Indian) and speaks to me like I am nothing.
I think that in overall even she was paying the HR and he was working for her, I had the feeling that he could see what was going on there and he suggested that the best way to go about it was through Conciliation with ACAS and he was happy to arrange for this. I was ok with this because I was really stress and I just wanted to end it.
The following day I received a letter from them saying that the I agreed that the cause of my stress was my performance, as I was sure this was not the case I asked for the notes. They said they will send them but they never did. I knew the reason was because they were incriminating for them.
I reply just saying that I wanted the notes and I what happen to the agreement of going through ACAS. She then reply, Oh! we just wanted to know this was the route you wanted to take and here is the ACAS reference number for the case.
We started proceeding I asked for 4 moths salary base on the stress she cause me and the fact that I was now with out employment and not knowing when I could find one. I also asked for a reference letter and they agree to neutral basic reference letter and payment of £..., sick pay and holidays own to me.
I had to sent the case to the tribunal to avoid charges after july.
The employer now sent me the agreement and asking me to sign but I am not happy with lost of things and ACAS told me that they are not willing to change anything and I ether agree or not. The reference letter for example. I know that If I go to court they can not force her to give me a reference letter but the letter she is offering has a disclaim at the end of it saying "NOTE" this type of reference is as bad as having none.
I am now asking the following. They make the agreement ''written rather than verbally'' that both parties agree to not disclose anything about each other and they remove the NOTE and disclaim from the reference letter. They asking that on the date of me signing the document and receiving the money I must not be working by anyone or that I will not get a job in the near future, I have requested then to remove this because in my mind, they have now agreed to terminate my contract on the 2nd of August and what I do or not after this is non of their business. The ACAS person is saying that ''well, what they expect is that if you go to tribunal the tribunal will not award you any money if you have job immediately'' I don't have a job but if I get an offer between the 2nd of August and let say next week I will accept it. If we go to tribunal and they said I have no compensation then ok because I now have a job, but for them to tell me this before I go to tribunal, I don not accept.
Now, I feel that If I go to tribunal,
I have no witness. she has the other manager and their word agains mine and I don't know if he will use any other of my colleagues to testify agains me. My relationship with my manager was never easy but mainly in the fact that I sometimes disagreed with the way she was treating me, only ones shouted at her and I apologies the following day.
I have no documents to prove anything and I can request this from her as I am taking my case on the events that occurred is a very short space of time and documents are mainly incriminating.
I don't have exact date but all happen in a window of 20 days and more or less I can put days together but not 100% sure.
My questions are as follows:
Can the tribunal say the company has no case to answer because I have not proof and they have said they never sacked me? also the fact that they asked me to come back but I refuse on the basis that I could not come back under the circumstances present at the moment and my boss not accepting responsibility for either the abuse of the sacking, also the fact that I have become very sick and being terrified of my boss.
I went for an interview and I was offered the job but with the reference conditions. Now I have to tell my employer that the reference is not good and that this comes with a disclaimer. If they don't give me the job base on this. what do I do?
Lets say I have found a job 3 months after I was sacked, will the court say that my manager has no payment to give me? or will they require for me to pay them compensation.
I know is so long and hope you can give some advice.
In June I was sacked on the spot by my manager, this sacking took place verbally 20 days after I had a very positive review of my job, again this was just verbal so there is no proof of this except for an email I sent to a friend. My other colleague had his review after me.
At the time of the sacking my manager just arrogantly as always decided with a big mouth to say you are being dismissed, another manager was present.
In my view she really had no reasons for sacking me like that, she didn't say you are being sacked for reasons....I knew there were some accountancy issues which she was trying to blame on me.
The week before this I have spoken to the other manager and explained that I was stress for the attitude and shouting I was getting from my manager. I was stressed and I could not take it any longer and I wanted out and was hopping they could give me some money to leave and helped me until I got another job.
His advice was go away for the weekend and think about it, get back on the next week and let him know but he was obviously on the side of my boss. He said she shouted at everybody not just me.
When I come back to work, I had to immediately do some work they have asked me to do and I didn't speak to him immediately. Soon after I was call to a meeting and we went through papers and so on and they asked me to come back the following day with some missing papers that I could not get on time. I was late to pick up my son and as I was about to leave my manager said actually I have no time for this and as from today you are being dismissed our contract says I have to give you one moth notice, come back and clear up this mess.
As I got up and I was shaking and in shock and stress, I said that if she was planing to sack me she should have done this in the correct manner and given me notice. I could see her rage and how dare you! in her face and asked if I had legal advice, I said no. The other manager said ok go a find your legal advice.
The following day I was very sick and I could not go back to work, I went to the doctors and they gave me a sick note for one month I am still on sick leave. I knew I had to go back and complete the contract agreement but I could not face to see or hear my manger again.
I contacted ACAS and they advice me to get the sacking in writing but when I did a few days later, the manager replied with the sweetest letter ever, saying that they were very sorry to hear of my stress and that they never sacked me but they could understand that thinking I was sacked could have caused me a lot of stress, that they had a care of duty to me and they wanted to discuss the reasons for my stress.
ACAS said I had to go to the meeting and I went, the meeting was suppose to be a friendly meeting and between the two managers. When I went there, the was a HR man in the meeting and said he was going to take notes. I din't know what to expect but I asked for his ID which he said he didn't have. I was asked about the reasons for stress and I said I was stress due to the treatment I have been receiving by my boss, the shouting, the abuse, my manager speaking to me like as if I am an untouchable (she is Indian) and speaks to me like I am nothing.
I think that in overall even she was paying the HR and he was working for her, I had the feeling that he could see what was going on there and he suggested that the best way to go about it was through Conciliation with ACAS and he was happy to arrange for this. I was ok with this because I was really stress and I just wanted to end it.
The following day I received a letter from them saying that the I agreed that the cause of my stress was my performance, as I was sure this was not the case I asked for the notes. They said they will send them but they never did. I knew the reason was because they were incriminating for them.
I reply just saying that I wanted the notes and I what happen to the agreement of going through ACAS. She then reply, Oh! we just wanted to know this was the route you wanted to take and here is the ACAS reference number for the case.
We started proceeding I asked for 4 moths salary base on the stress she cause me and the fact that I was now with out employment and not knowing when I could find one. I also asked for a reference letter and they agree to neutral basic reference letter and payment of £..., sick pay and holidays own to me.
I had to sent the case to the tribunal to avoid charges after july.
The employer now sent me the agreement and asking me to sign but I am not happy with lost of things and ACAS told me that they are not willing to change anything and I ether agree or not. The reference letter for example. I know that If I go to court they can not force her to give me a reference letter but the letter she is offering has a disclaim at the end of it saying "NOTE" this type of reference is as bad as having none.
I am now asking the following. They make the agreement ''written rather than verbally'' that both parties agree to not disclose anything about each other and they remove the NOTE and disclaim from the reference letter. They asking that on the date of me signing the document and receiving the money I must not be working by anyone or that I will not get a job in the near future, I have requested then to remove this because in my mind, they have now agreed to terminate my contract on the 2nd of August and what I do or not after this is non of their business. The ACAS person is saying that ''well, what they expect is that if you go to tribunal the tribunal will not award you any money if you have job immediately'' I don't have a job but if I get an offer between the 2nd of August and let say next week I will accept it. If we go to tribunal and they said I have no compensation then ok because I now have a job, but for them to tell me this before I go to tribunal, I don not accept.
Now, I feel that If I go to tribunal,
I have no witness. she has the other manager and their word agains mine and I don't know if he will use any other of my colleagues to testify agains me. My relationship with my manager was never easy but mainly in the fact that I sometimes disagreed with the way she was treating me, only ones shouted at her and I apologies the following day.
I have no documents to prove anything and I can request this from her as I am taking my case on the events that occurred is a very short space of time and documents are mainly incriminating.
I don't have exact date but all happen in a window of 20 days and more or less I can put days together but not 100% sure.
My questions are as follows:
Can the tribunal say the company has no case to answer because I have not proof and they have said they never sacked me? also the fact that they asked me to come back but I refuse on the basis that I could not come back under the circumstances present at the moment and my boss not accepting responsibility for either the abuse of the sacking, also the fact that I have become very sick and being terrified of my boss.
I went for an interview and I was offered the job but with the reference conditions. Now I have to tell my employer that the reference is not good and that this comes with a disclaimer. If they don't give me the job base on this. what do I do?
Lets say I have found a job 3 months after I was sacked, will the court say that my manager has no payment to give me? or will they require for me to pay them compensation.
I know is so long and hope you can give some advice.
to Legal Beagles.
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